ORISSA HIGH COURT : CUTTACK
Ananda Chandra Behera, J.
Sri Abhijeet Pradhan (minor) represented through his father guardian Sri Himansu Pradhan - Petitioner
Versus
Central Board of Secondary Education, New Delhi represented through its Chairman, CBSE Integrated Office Complex, New Delhi & Others - Opposite Parties
WP(C) No.31259 of 2025
Decided On : 26-02-2026
| Table of Content |
|---|
| 1. petitioner's request to quash result cancellation. (Para 1 , 2 , 3) |
| 2. basis of cancellation lacks sustainability. (Para 4) |
| 3. counterarguments on malpractice allegations. (Para 5) |
| 4. consideration of legal precedents for examination conduct. (Para 6 , 7) |
| 5. discrimination in result publication affects equality. (Para 8 , 9) |
| 6. lack of evidence against the petitioner. (Para 10 , 11) |
| 7. cancellation of results based on insufficient evidence. (Para 12 , 13) |
| 8. quashing of cancellation and direction to publish result. (Para 14 , 15 , 16) |
JUDGMENT :
ANANDA CHANDRA BEHERA, J.
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned memorandum dated 08.10.2025 (Annexure-6) issued by the Under Secretary (Confidential), Central Board of Secondary Education, Regional Office, Bhubaneswar (Opp. Party No.3) and for issuance of necessary directions to the Opp. Parties to publish the result of the petitioner, in respect of his Senior School Certificate Examination (Class-XII) within a stipulated time and to pass such other order/orders or direction/directions as the Courts deems fit and proper in order to give complete relief to the petitioner.
2. The case of the petitioner is that, he petitioner was a regular student of Class-XII of Padampur Public School in the District of Bargarh. He (petitioner) appeared his Senior School Certificate Examination, 2025 (Class-XII) under the Central Board of Secondary Education in Odisha Adarsha Vidyalaya, Bandupali in the District of Bargarh as a regular student on the basis of the admit card vide Annexure-1 issued to him by the CBSE (Opp. Party No.1). Though, in the said examination, he (petitioner) had done extremely well, but his result in the website was published on dated 13.05.2025 in Annexure-2 reflecting as UFM (Unfair Means) and no marks were awarded to him in any paper. Subsequent thereto, the Principal, Padampur Public School, Padampur provided the official order dated 26.05.2025 issued by the Regional Direction, Central Board of Secondary Education, Regional Office, Bhubaneswar (Annexure-3) stating that, the result of the petitioner in two subjects i.e. Chemistry (Subject Code: 043) and English (Subject Code:301) were cancelled on the ground of adoption of unfair means (UFM) during examination as in respect of Chemistry it has been alleged that most of the answers along with MCQs are found same. The wording, sequence and pattern of writing are similar in the copies in many adjacent roll numbers. So, far as the English subject is concerned, it has been mentioned that, same answers for Question Nos.9,10, 12 and 13 with several other adjacent roll numbers, for which, his entire result of 2025 has been cancelled.
To which, the petitioner challenged by filing WPC No.16032/2025 praying for quashing the cancellation of his result and to direct the Opp. Parties to publish his result. The said Writ Petition vide WPC No.16032/2025 of the petitioner was decided analogously with other writ petitions by this Court and the Judgment thereof was passed on dated 15.09.2025 as per Annexure-4, wherein, the C.B.S.E (Opp. Party No.1) was directed to make an enquiry in terms of Bye- Laws 36 of the CBSE after giving reasonable opportunity of participation to the petitioner stipulating the outer limit of that enquiry within two weeks keeping all the contentions of the parties open.
In pursuance to the said analogous Judgment passed on dated 15.09.2025 in WPC No.16032/2025 along with other WPCs vide Annexure-4 by this Court, the CBSE (Opp. Party No.1) conducted an enquiry into the matter through its UFM Sub-Committee and during the course of that enquiry, the UFM Sub-Committee of the CBSE supplied a printed format to the petitioner asking him 18 questions in the form of yes or no such as i) whether he has adopted unfair means or not, ii) what is the name of his principal iii) Do you know the invigilators etc.
Out of the
The cancellation of examination results based on unproven allegations of unfair means, without substantial evidence, is legally unsustainable and discriminatory, violating principles of fairness in e....
Exam results cannot be cancelled without direct evidence of unfair means; lack of due process and discrimination in similar treatment of candidates violates principles of justice.
Cancellation of examination results for alleged malpractice requires concrete evidence rather than mere presumption; fairness and due process must be maintained in academic assessments.
The cancellation of exam results for alleged unfair means without direct evidence or proper justification violates procedural fairness and equality rights under the Constitution.
Cancellation of examination results without direct evidence of malpractice violates fundamental rights and lacks legal sustainability.
Court ruled that the cancellation of examination results based on presumptions without direct evidence violates the principles of equal protection and due process.
Examination results cannot be canceled based on assumptions or without direct evidence; such actions violate principles of fairness and equality.
The cancellation of examination results based on presumption without concrete evidence is unsustainable and discriminatory under constitutional law.
Examination result cancellations based on unproven allegations of malpractice are invalid unless supported by direct evidence, affirming the petitioners' right to equal treatment under law.
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